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Hays County tables variance request for Hays Commons, developer pledges to preserve greenbelt
Summary
Developers asked the county to allow smaller lots and higher density in the Hays Commons preliminary plan by clustering homes to protect sensitive areas. Commissioners signaled support but tabled the variance until a formal development agreement or plat notes guarantee preserved green space.
Hays County Commissioners Court tabled a variance request from Milestone Community Builders for the Hays Commons preliminary plan after receiving commitments from the developer to formalize protections for shared green space.
Development services staff said the preliminary plan covers roughly 340.88 acres with about 370 lots proposed; proposed lot sizes of 0.16–0.20 acres fall below county development regulations that typically require 0.75 acres per lot in the Edwards Aquifer Recharge Zone when served by a permitted public water and wastewater system. The developer asked for a variance to allow a clustered development footprint rather than uniformly larger lots.
Colby Mahachek, senior planner, explained the regulatory minimums and noted sensitive karst features, flood‑plain crossings and recharge considerations on the property. Shani Arbister of Milestone Community Builders said clustering the lots would concentrate homes away from creeks and sensitive areas and create a contiguous greenbelt for conservation.
Commissioner Smith, whose precinct includes the property, said she supported the conservation‑style design "with some caveats" and asked the county’s civil division and general counsel to prepare a development agreement or plat notes that would legally bind the preserved green space so it could not be platted later. The developer said it would commit to keeping the designated green space permanently protected and recommended bundling the variance, preliminary plat and any development agreement on the next court agenda.
Why it matters: The property is in a recharge zone for the Edwards Aquifer; lot size and density decisions affect groundwater recharge and long‑term land use. Commissioners expressed a desire to balance reasonable density with long‑term conservation guarantees.
What’s next: The developer agreed to return with a development agreement or plat notes to formalize perpetual preservation of the greenbelt. The court tabled the variance to allow staff and the developer to draft the necessary legal commitments and return the item to a future meeting.
